Life Advice needed


MichaelInVenice

Lot of Class, Mostly Low
Elite Member

Blue-Sun

Elite Member

BKP

New Member
Don't involve your current work. They only need to be involved if you're doing something that they may get dragged in to. If you're going to talk to a lawyer, get his advice first.
+1 on this... Don't involve your current position... That always ends badly...
 

Enjarin

Member
Elite Member
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buzzbomb

Senior Member
Elite Member

DakinechicK

Active Member
Unfortunately I agree with some others on here. My husband is in sales and gets EVERYTHING in writing that has to do with money one way or the other. Even, if it's a small amount. ALWAYS GET IT IN WRITING!! It doesn't matter if you have emails and texts between the two of you. A written report or contract or whatever else you want to call it, SIGNED by BOTH parties is what will hold up for a win in court. If you go to court with texts and emails, the judge will laugh at you.... no offense. Some states do in fact say verbal agreement is fine, however in your situation with a corporate company, it will get you know where. You HAVE to have things like this situation, in WRITING with signatures from both sides for courts to consider it.

Life lessons my dear. You can always try and see where you get, but my husband says time and time and time again.... "ALWAYS get it in writing!" Weather its a car deal the salesman agrees to, an apartment lease discussing the price owed per month, or the ordeal you are in right now where you sold something for someone and they promised you a commission. Even for a few hundred bucks, a lot of time if it's not in writing that they promised you a commission and back tracked deciding not to pay you.... you have nothing to go on. You didn't sign anything AGREEING to get paid.

In my opinion, they KNEW this long ago and figured they could pull one over on you (I'm betting its happened more than once to someone who also didn't know) since it wasn't in writing, they KNEW they could get away with it. It's a sad reality and people are certainly shitty, but I think you are out a few hundred bucks my dear.

Never EVER EVER agree to something by just a verbal contract and a shake of the hand... even with a buddy. At the end of the day people are out for themselves and money grubbers are the worst!! The sad truth is that some people, if capable of getting away with not having to pay you...will. Welcome to the real world of hate and backstabbing.

Sorry CC. Not trying to pee in your cheerios, but it's time to count your losses and move on I'm afraid.

ALWAYS GET WHAT YOU ARE OWED IN WRITING!!!! And SIGNED!!!
 

DakinechicK

Active Member
Verbal agreements that I'm talking about that hold up in court would be something like....

1. Renting a room in someones house and agreeing to stay there 6 months at $350 a month and then leaving at month 4 without telling them and deciding not to pay the $700 for the 2 months you skipped out on em.

2. Agreeing you would use the sheets/pillows/blankets,towels, etc (though not yours) and then when you leave you take them with you without telling said owner and they find out and come after you for them or the amount of money the products would be equal to.

3. Things like that.

In a BUSINESS setting, verbal agreements hardly have any just. Written agreements, signed and sealed however do.

You can try the back and forth text/email route, but a lot of time (none I've ever heard of) they just don't mean anything. It's just a lot of back and forth and there is really no solid evidence/proof of who paid who and if and when and why. To a judge, it looks/sounds like friends becoming enemies or co workers who are having a big spat and are just trying to get one over on each other....Not two mature guys trying to work something out or come to some sort of agreement.
 
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Detrich

New Member
Am sorry to hear about this...

Since your old boss is "so busy" and "won't make time to pay you what he promised," just think how ecstatic he will be to have to take time off his precious work to appear in Small Claims court. LOL. :)

Well, if you go that route, just make sure you have a solid case and can prove that the commissions were promised to you, earned, and that he has blatantly broken a verbal agreement.

You also may want to weigh how badly you want to burn this bridge though. If you let it go, will he just chill out and leave you be? Or, is he one of those vindictive assholes who will black ball you everywhere?

You need to decide if this particular battle is worth it or not. Sometimes it's worth it. But, sometimes you actually win the war by walking away from a losing battle. And, you save your own humanity by freeing yourself from the evil doings of people you need to leave behind in life.

We all support you whatever you decide.
 

oldtouring b

New Member
Food for thought..

CC- think about what your new employer will think when they hear about your lawsuit!! Donot make waves--it will come back to bite you..
 

Chevyfazer

New Member
Okay so as some of you may know I worked for a Car dealership called Park Chrysler Jeep. I developed their aftermarket department. After months of struggle with a few employee's whom had an issue with my department because it affected their pocket books, the department was terminated. I was brought their by their "dealer management staff" whom hires on people to get the job done. This Company is Vision Marketing, they basically advise the dealer on poeple to hire, and they sell their warranty products to the dealer in which they sell to the customer like extended service contacts, ect. Well Tony owns that company, and him and I worked very well together. Now when they terminated that position he brought me to another dealership as I was pretty successful.

Long story short, I sold a product for them, a paint protection product. The product had a spiff built in so every time I sold one I received $25. For each month doing it, I wouldn't receive that money until it was "remitted" which takes two months. So while working there I earned quite a bit through this, upwards of about $850-$1000 just in the spiffs. Well I got paid one, and that was for my first week there, only $25. I had been given an amazing opportunity to go to a different store and work for them as a Finance Manager. I have now been dealing with trying to get my spiff money since June 14th with no luck and they kept giving me excuses. Now Tony just sent me a text saying "I have not sent the money. Obviously it is not a priority, the more you pester me the more I do not want to send it."

I have no Idea what to do. I earned this money working with them. I have the sales logs of all the products sold. I have the texts from my rep old rep telling me to f*** off its not his problem, and tony blowing it off as well.

I am at a loss, do I threaten to sue, who do I contact? Am I barking up the wrong tree? I just want the money I earned for doing my job. I didnt get fired or anything, I did my job and sold the product.
I've been around he business, know owners of dealers, family works for dealers, family sub contracts for dealers, and I had a hand in getting a dealer shutdown through wrongdoings so I have a little info and background on what can or can't be done.

Basically in these smaller towns and even in bigger ones car dealers are a dog eat dog business, and everyone looks out for number one along with everyone knowing everyone. So the 1st thing I ask is Are you currently comfortably employed?

If you are here is how I would go about it, 1st approach your current boss and explain the situation and try to leave emotion out of it and keep it strictly about the bad business that has taken place. For one this will tarnish the guys rep while improving upon yours. Then try to take legal action so that you comfortably know that you still have a job.

Now if you are not comfortably employed, I would suggest you take it directly to his supplier 1st, and let them know just what kind of shady business this man is running. Do not try to take any legal action until you are comfortably employed again. This man could very possibly ruin your career if he really has the contacts he says he does.

3rd option, do you know any extremely reputable dealers, or owners of the dealers around your area? If you do you could go to them with this issue and ask their advice. That's how I handled a issue I had with a dealer in Florida not wanting to do warranty work. Just so happens I know the Thornton family very well (huge Chevy dealer in Ga) and was contacted by GM execs from Detroit, turns out I wasn't the 1st person that Florida dealer tried to scam but I was the last.
 

Marthy

World Most Bad A$$ 6R
Elite Member
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Marthy

World Most Bad A$$ 6R
Elite Member

Michael Wilson

New Member
I have the best solution. Ride a bike
 

BKP

New Member
Unfortunately I agree with some others on here. My husband is in sales and gets EVERYTHING in writing that has to do with money one way or the other. Even, if it's a small amount. ALWAYS GET IT IN WRITING!!
Completely agree with you here. Having it in writing is key.
It doesn't matter if you have emails and texts between the two of you. A written report or contract or whatever else you want to call it, SIGNED by BOTH parties is what will hold up for a win in court. If you go to court with texts and emails, the judge will laugh at you.... no offense.
Can't agree with you here.
I've been to court with e-mails. Not only are they fully admissible, but, they are are recoverable, even if deleted by the user, from the provider's e-mail archives (which are typically backed up to tape or worm, and stored for xx # of years). In this binary age, digital evidence is *extremely* important, valid, and admissible. (So be *very* measured about what you send out digitally... it's not as easily shredded as paper copies).
 

Marthy

World Most Bad A$$ 6R
Elite Member

danieljardim

New Member
I will reply to him: Fine, my attorney will contact you shortly. Send him a written request priority mail first, no more phone call. Send him something like you want to be paid in full within 30 days. If not a surcharge of 15% a week will be charge including all attorney fee. That's it!!! No phone call at all! Do everything by reg. mail from now and see what legal help you can get. One of you will get fuk in this deal.... make sure it's not you.

I worked at a race team once and I quit because they didn't have any driver and I accept a job with a much better team. The guy screw me not paying my last few days that were adding up to close to 1K. I send him a nice email reply... not quite something I can post here, his name was Tommass! LOL

Within the next 2 weeks I found new job to everyone working there... one of them came to work with me. I'm a very nice quite guy... but don't fk with my money...LOL

Good luck Bro. Be aggressive but polite. He might realize that it's easier to pay you than have to deal with court fee and a crazy motfkr like you! LOL
Agreed, nobody f**** with my money. You have everything recorded, all text messages and everything, If they paid you by check they have to track it because you HAVE to pay taxes by the end of the year( I get spiffs by check and I have to pay taxes on) and if you are a good employee, you don't have to worry about getting a job or keeping the one you have.

I quit a job because I was getting screwed with my money. I received the same threat because I'm good and the guy didn't want to loose me. Well his threats didn't work and I landed in a much better place and making more money and not getting screwed.

Don't be affraid. Sue his a** off and get your money. It's a 1000!!! everybody that told you to move on, make a collection and send him the money. ;)
 

LS6TT

Member
All BS aside, in Texas we have the workforce commission, I am sure you have something similar there, contact them. Make sure you have all your documentation in a row including your texts messages where he has admitted he wont pay you the bonus.
 

ajskillz13

New Member
I would probably wash my hands of the situation and not push it into a legal battle that just makes for more stressful situations. You've had a lot on your plate the last year or so and this just adds to it. Unless you need that money to eat next week, I'd let it be and do what another poster said and stick it to that guy down the road when you have an opportunity. There is no sense putting yourself in a sticky situation and risking getting black-balled from the industry that you specialize in.

Just my 2 cents... I know it's a matter of $$$ and principle, but you know that he will get what he deserves in the end. If there is no other person to contact to request payment, then I'd leave it alone unless you are 100% sure legal action will not affect your future employment / reputation.
 

dart1963

Super Moderator
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